The "Malpractice" is defined as poor professional performance of negligence, the best known is the care that has consequences for the health and lives of patients. Given such a situation, it FIRST CHECK to be that has certainly been a bad practice, so that the first step is to get medical records where he was treated once with the record in hand should be sent to check with a specialist in Legal Medicine, who prepare a comprehensive report on medical malpractice, finding that there is damage evident in the body, understood as a body, or health, stretching the concept to both the physical and the mental, and this is inclusive of all diseases and disorders of order psychiatric, psychological, employment, individual and relationship, to impact on others.
SECOND In all, the damage must necessarily originate in a reckless or negligent act or result of the incompetence or the departure from the standards and duties by the tortfeasor or departure from the rules of the Law on Medical Practice and Code of Ethics.
then the lawyer who must be a specialist in this field to analyze the report and together with the other elements of conviction, lodged a complaint in compliance with the requirements that must contain the same, specifically those found in paragraphs of Article 294 of the Criminal Procedure Code (COPP), we must stress that many attorneys, engage in serious mistake to attribute the alleged crime of MALPRACTICE, given that this figure NO is a criminal offense in our legislation criminal she belongs to the "dogmatic penalty," used to describe injury to health, mental illness or physical suffering caused by the wrongful conduct of a professional.
At the same time, in such complaint should describe the facts in compliance with Article 294 of the COPP ordinal 3, could be the culpable homicide, serious injury, among others, jointly and severally liable encompassing of malpractice, all health professionals from medical institutions and doctors to nurses and assistants, who have engaged in damage patient care, be coming to an imprisonment of five (05) years plus the ancillary the same as cover loss of license for professional practice.
worth adding that the malpractice goes beyond the medical, playing to all professionals, even a bad lawyer when in practice takes advantage of the client and uses it to abuse it, so that a trial goes well, when not to say that you are occupying, if not already doing so, and thus errors occur, of course there's malpractice lawyer, of course they can claim if we do things right , they may even withdraw the bar association.
In short, I wanted first, to present a vision and a framework on the issue of malpractice and its legal connotations, on the other hand, ask your continuous contribution in ideas and activity, all destined to enter some of our intellectual energy and body, to a professional status and legally recognized to be a better person, both personally and socially .-
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